Here is a test case of the sovereign citizen approach, or something like it, that citizens create the law, and stand above much of what is taken to be legally binding, and that received law is in some way flawed and hence open to a foundational challenge. This is seen in some hard cases that appear before the courts, paradoxically, where a judgment is sought from the very body which is seen by them to be in some way, illegal, or illegitimate.
Thus, before the Supreme Court of South Australia, in a case involving an estate property dispute between a federal member of parliament and his sister, over the control of the mother's estate, the sister wanted the South Australian Court of Appeal to reinstate her as the executor of their mother's will, saying her removal is "not a civil case anymore" but "a crime scene" and "a crisis in the courtroom." And here is the relevant material:
"I am the only liable woman in this courthouse under Genesis 1:26 … I will not engage in the necromancy and witchcraft and sorcery and magic".
She also asked whether the court had "writs of copyright" from "the First Nations People" for its Coat of Arms, saying "we do not have a governor, we do not have a parliament".
"So, Judge Bochner, you have now breached the Crimes Act (and) this court has no jurisdiction to continue while treason is of consequence in this courtroom," she said.
When Judge Bochner told Ms Georganas the crimes she was alleging "are not recognised by any law of Australia", one of her supporters stood up in the public gallery.
"Stand down, Judge Bochner, you are concealing treason against the King of England … you are now charged, you are under arrest," he said."
Now while making no comment upon the general validity of any side here in the case, we can ask, how did this sovereign citizen approach, or something very similar to it, go? Was the judge arrested? No, the hearing was adjourned and the court's sheriff removed everyone, which is a good illustration of the failure of the sovereign citizen approach, or whatever it was, as they have no army or police to back up their claims. And if they did have political/military/police power, these issues would not have arisen in the first place.
"The sister of Federal Member for Adelaide Steve Georganas is seeking to reclaim control of their mother's estate, and has accused the Supreme Court of "necromancy, witchcraft, sorcery and treason".
Angela Georganas has asked the Court of Appeal to reinstate her as the executor of their mother's will, saying her removal is "not a civil case anymore" but "a crime scene" and "a crisis in the courtroom".
She has also accused a sitting judge of criminal acts – prompting one of her supporters to declare the jurist "under arrest for treason" against "the King of England".
That outburst, in August last year, ended one of a number of hearings in the case as court sheriff's officers removed Ms Georganas and her 45 supporters from the building.
Documents released by the court to The Advertiser show the siblings' dispute began in June 2020 and arose from the death of their mother, Vicki, in 2019.
Mr Georganas is referred to, in the documents, by his birth name of "Efstathios".
Ms Georganas sought a grant of probate over their mother's 2017 will, and two additions made to it in 2019.
Mr Georganas opposed that grant, claiming in his court documents that their mother was "subject to undue influence at the time she made her will" and the additions.
The dispute moved to mediation, after which Ms Georganas agreed to sell their mother's Mile End home and pay her brother $370,000 plus interest and court costs.
In March 2023, counsel for Mr Georganas told the court that had not occurred, and asked Ms Georganas be removed as executor and replaced by a professional estate litigator.
Under state law, an executor can only be removed if a court finds they "failed to have regard to the due and proper administration of an estate for the benefit of its beneficiaries".
Mark Douglas, for Mr Georganas, said those were "the regrettable circumstances" that prompted his client to act.
"These are circumstances where there is animus between the executor and the named beneficiary, combined with a profound refusal to administer the estate," he said.
"My client has not taken the step of bringing an application of this gravity lightly."
Mr Douglas said removing Ms Georganas as executor would in no way alter nor affect her benefits or entitlements in the wills.
Ms Georganas, representing herself, claimed Steve and Efstathios Georganas were "not the same person".
She said the case against her amounted to "perjury" and "concealment of treason", and should be transferred to the "grand jury" of the Victorian Court of Appeal.
"These are not my mother's wishes, she will actually be ropeable in her coffin if she sees what has been happening," she said.
In August 2023, Judge Katrina Bochner ruled in favour of Mr Georganas and removed Ms Georganas as executor.
"(Ms Georganas) has displayed ongoing and intractable hostility toward (Mr Georganas)," she said in her judgment.
"She has refused to administer the estate and expressly stated that she does not consider the deed (of settlement) is binding.
"There is no doubt that the order sought by (Mr Georganas) must be made."
Ms Georganas responded by claiming Judge Bochner had no jurisdiction over the dispute.
"We have a crisis in this courtroom … this is not a civil case anymore, this is a crime scene, this is a crime … there was no 'Efstathios'," she said in court.
"I am the only liable woman in this courthouse under Genesis 1:26 … I will not engage in the necromancy and witchcraft and sorcery and magic".
She also asked whether the court had "writs of copyright" from "the First Nations People" for its Coat of Arms, saying "we do not have a governor, we do not have a parliament".
"So, Judge Bochner, you have now breached the Crimes Act (and) this court has no jurisdiction to continue while treason is of consequence in this courtroom," she said.
When Judge Bochner told Ms Georganas the crimes she was alleging "are not recognised by any law of Australia", one of her supporters stood up in the public gallery.
"Stand down, Judge Bochner, you are concealing treason against the King of England … you are now charged, you are under arrest," he said.
"You are trading in necromancy, you are treating dead people in this courtroom, you are in treason."
Judge Bochner adjourned the hearing, and court sheriff's officers removed Ms Georganas and her 45 supporters from the courtroom.
The decision was subsequently upheld by Justice Sam Doyle, prompting Ms Georganas' challenge in the Court of Appeal.0
On Friday, Court of Appeal President Mark Livesey listed Ms Georganas' appeal for hearing in June.
Mr Georganas said he would not be commenting publicly on the case.
"It's sad that it's come to this … this is a private family matter and I won't be adding anything," he said.